COCHIN NAVAL BASE CIVILIAN EMPLOYEES CO-OPERATIVE SOCIETY LTD.NO.4146 vs. THE INCOME TAX OFFICER WARD -2

Having regard to the fact that in matters where issue of Section 80P of the Income Tax Act is applicable, this Court has been consistently directing the Appellate Authority to consider and pass appropriate orders on the appeal itself, rather than directing consideration of the stay petition. The circumstances reveal that, similar orders can be passed in this case also.

Petitioner is a Primary Agricultural Credit Society registered under the Kerala Co-operative Societies Act, 1969. Ext.P3 order of assessment was issued against the petitioner on 06.04.2021. In the assessment order, petitioner's claim for deduction under Section 80P was rejected on the ground that there was no evidence to show that petitioner satisfied the ingredients of the Primary Agricultural Credit Society as contemplated under the Kerala Co-operative Societies Act.

While assailing the assessment order before the first respondent, petitioner has sought to canvass that the judgment of the Supreme Court in Mavilayi Service Cooperative Bank Ltd. v. Commissioner of Income Tax [2021 (1) KLT 485] was not considered by the assessing officer though the assessment order was rendered subsequent to the Supreme Court Judgment. 5 Since the petitioner has already preferred an appeal as Ext.P5 and the same is pending consideration before the 2nd respondent, I deem it fit that this writ petition be disposed of directing the Appellate Authority to consider the appeal in a time bound manner.

Accordingly, there will be a direction to the 2nd respondent to consider and pass appropriate orders on Ext.P5, as expeditiously as possible.

Till the disposal of the appeal, no coercive steps shall be initiated against the petitioner pursuant to Ext.P3 assessment order. The writ petition is disposed of as above. BECHU KURIAN THOMAS, JUDGE RKM